2018 SESSION

HOUSE SUBSTITUTE

18106976D
1 HOUSE BILL NO. 1550
2 AMENDMENT IN THE NATURE OF A SUBSTITUTE
3 (Proposed by the House Committee for Courts of Justice
4 on February 9, 2018)
5 (Patron Prior to Substitute––Delegate Adams, L.R.)
6 A BILL to amend and reenact §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102,
7 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182,
8 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289,
9 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia, relating to grand larceny and certain
10 property crimes; threshold.
11 Be it enacted by the General Assembly of Virginia:
12 1. That §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01,
13 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3,
14 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and

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15 29.1-553 of the Code of Virginia are amended and reenacted as follows:
16 § 18.2-23. Conspiring to trespass or commit larceny.
17 A. If any person shall conspire, confederate or combine with another or others in the Commonwealth
18 to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area
19 thereof, having knowledge that any of them have been forbidden, either orally or in writing, to do so by
20 the owner, lessee, custodian or other person lawfully in charge thereof, or having knowledge that any of
21 them have been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part,
22 portion or area thereof at a place or places where it or they may reasonably be seen, he shall be deemed
23 guilty of a Class 3 misdemeanor.
24 B. If any person shall conspire, confederate or combine with another or others in the Commonwealth
25 to commit larceny or counsel, assist, aid or abet another in the performance of a larceny, where the
26 aggregate value of the goods or merchandise involved is more than $200 $500 or more, he is guilty of a

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27 felony punishable by confinement in a state correctional facility for not less than one year nor more than
28 20 years. The willful concealment of goods or merchandise of any store or other mercantile
29 establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert
30 and defraud the owner thereof out of the value of the goods or merchandise. A violation of this
31 subsection constitutes a separate and distinct felony.
32 C. Jurisdiction for the trial of any person charged under this section shall be in the county or city
33 wherein any part of such conspiracy is planned, or in the county or city wherein any act is done toward
34 the consummation of such plan or conspiracy.
35 § 18.2-80. Burning or destroying any other building or structure.
36 If any person maliciously, or with intent to defraud an insurance company or other person, burn, or
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37 by the use of any explosive device or substance, maliciously destroy, in whole or in part, or cause to be
38 burned or destroyed, or aid, counsel or procure the burning or destruction of any building, bridge, lock,
39 dam or other structure, whether the property of himself or of another, at a time when any person is
40 therein or thereon, the burning or destruction whereof is not punishable under any other section of this
41 chapter, he shall be guilty of a Class 3 felony. If he commits such offense at a time when no person is
42 in such building, or other structure, and such building, or other structure, with the property therein, be of
43 the value of $200, $500 or more, he shall be guilty of a Class 4 felony, and if it and the property
44 therein be of less value, he shall be guilty of a Class 1 misdemeanor.
45 § 18.2-81. Burning or destroying personal property, standing grain, etc.
46 If any person maliciously, or with intent to defraud an insurance company or other person, set fire to
47 or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any
48 explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive
49 device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or
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50 destroyed, be of the value of $200 $500 or more, be guilty of a Class 4 felony; and if the thing burnt or
51 destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
52 § 18.2-95. Grand larceny defined; how punished.
53 Any person who (i) commits larceny from the person of another of money or other thing of value of
54 $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the
55 value of $200 $500 or more, or (iii) commits simple larceny not from the person of another of any
56 firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment
57 in a state correctional facility for not less than one nor more than twenty 20 years or, in the discretion
58 of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve
59 12 months or fined not more than $2,500, either or both.
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60 § 18.2-96. Petit larceny defined; how punished.

61 Any person who:
62 1. Commits larceny from the person of another of money or other thing of value of less than $5, or
63 2. Commits simple larceny not from the person of another of goods and chattels of the value of less
64 than $200 $500, except as provided in subdivision clause (iii) of § 18.2-95, shall be deemed guilty of
65 petit larceny, which shall be punishable as a Class 1 misdemeanor.
66 § 18.2-96.1. Identification of certain personalty.
67 A. The owner of personal property may permanently mark such property, including any part thereof,
68 for the purpose of identification with the social security number of the owner, preceded by the letters
69 "VA."
70 B. [Repealed.]
71 C. It shall be unlawful for any person to remove, alter, deface, destroy, conceal, or otherwise obscure
72 the manufacturer's serial number or marks, including personalty marked with a social security number
73 preceded by the letters "VA," from such personal property or any part thereof, without the consent of
74 the owner, with intent to render it or other property unidentifiable.
75 D. It shall be unlawful for any person to possess such personal property or any part thereof, without
76 the consent of the owner, knowing that the manufacturer's serial number or any other distinguishing
77 identification number or mark, including personalty marked with a social security number preceded by
78 the letters "VA," has been removed, altered, defaced, destroyed, concealed, or otherwise obscured with
79 the intent to violate the provisions of this section.
80 E. A person in possession of such property which is otherwise in violation of this section may apply
81 in writing to the Bureau of Criminal Investigation, Virginia State Police, for assignment of a number for
82 the personal property providing he can show that he is the lawful owner of the property. If a number is
83 issued in conformity with the provisions of this section, then the person to whom it was issued and any
84 person to whom the property is lawfully disposed of shall not be in violation of this section. This
85 subsection shall apply only when the application has been filed by a person prior to arrest or
86 authorization of a warrant of arrest for that person by a court.
87 F. Any person convicted of an offense under this section, when the value of the personalty is less
88 than $200 $500, shall be guilty of a Class 1 misdemeanor and, when the value of the personalty is $200
89 $500 or more, shall be guilty of a Class 5 felony.
90 § 18.2-97. Larceny of certain animals and poultry.
91 Any person who shall be guilty of the larceny of a dog, horse, pony, mule, cow, steer, bull, or calf
92 shall be guilty of a Class 5 felony; and any person who shall be guilty of the larceny of any poultry of
93 the value of $5 dollars or more, but of the value of less than $200 $500, or of a sheep, lamb, swine, or
94 goat, of the value of less than $200 $500, shall be guilty of a Class 6 felony.
95 § 18.2-102. Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or
96 accomplices.
97 Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own,
98 without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to
99 deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a
100 Class 6 felony;, provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall
101 be less than $200 $500, such person shall be guilty of a Class 1 misdemeanor. The consent of the
102 owner of an animal, aircraft, vehicle, boat or vessel to its taking, driving or using shall not in any case
103 be presumed or implied because of such owner's consent on a previous occasion to the taking, driving or
104 using of such animal, aircraft, vehicle, boat or vessel by the same or a different person. Any person who
105 assists in, or is a party or accessory to, or an accomplice in, any such unauthorized taking, driving or
106 using shall be subject to the same punishment as if he were the principal offender.
107 § 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring
108 goods from one container to another; counseling, etc., another in performance of such acts.
109 Whoever, without authority, with the intention of converting goods or merchandise to his own or
110 another's use without having paid the full purchase price thereof, or of defrauding the owner of the
111 value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or
112 merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price
113 marking on such goods or merchandise, or transfers the goods from one container to another, or (iii)
114 counsels, assists, aids or abets another in the performance of any of the above acts, when the value of
115 the goods or merchandise involved in the offense is less than $200 $500, shall be guilty of petit larceny
116 and, when the value of the goods or merchandise involved in the offense is $200 $500 or more, shall be
117 guilty of grand larceny. The willful concealment of goods or merchandise of any store or other
118 mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent
119 to convert and defraud the owner thereof out of the value of the goods or merchandise.
120 § 18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty.
121 A. Any person who commits larceny of property with a value of $200 $500 or more with the intent
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122 to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional
123 facility for not less than two years nor more than 20 years. The larceny of more than one item of the
124 same product is prima facie evidence of intent to sell or intent to distribute for sale.
125 B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen
126 property with an aggregate value of $200 $500 or more where he knew or should have known that the
127 property was stolen is guilty of a Class 5 felony.
128 C. A violation of this section constitutes a separate and distinct offense.
129 § 18.2-145.1. Damaging or destroying research farm product; penalty; restitution.
130 A. Any person or entity that (i) maliciously damages or destroys any farm product, as defined in
131 § 3.2-4709, and (ii) knows the product is grown for testing or research purposes in the context of
132 product development in conjunction or coordination with a private research facility or a baccalaureate
133 institution of higher education or any federal, state, or local government agency is guilty of a Class 1
134 misdemeanor if the value of the farm product was less than $200 $500, or a Class 6 felony if the value
135 of the farm product was $200 $500 or more.
136 B. The court shall order the defendant to make restitution in accordance with § 19.2-305.1 for the
137 damage or destruction caused. For the purpose of awarding restitution under this section, the court shall

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138 determine the market value of the farm product prior to its damage or destruction and, in so doing, shall
139 include the cost of: (i) production, (ii) research, (iii) testing, (iv) replacement, and (v) product
140 development directly related to the product damaged or destroyed.
141 § 18.2-150. Willfully destroying vessel, etc.
142 If any person willfully scuttle, cast away or otherwise dispose of, or in any manner destroy, except
143 as otherwise provided, a ship, vessel or other watercraft, with intent to injure or defraud any owner
144 thereof or of any property on board the same, or any insurer of such ship, vessel or other watercraft, or
145 any part thereof, or of any such property on board the same, if the same be of the value of $200 $500
146 or more, he shall be guilty of a Class 4 felony, but if it be of less value than $200 $500, he shall be
147 guilty of a Class 1 misdemeanor.
148 § 18.2-152.3. Computer fraud; penalty.
149 Any person who uses a computer or computer network, without authority and:
150 1. Obtains property or services by false pretenses;

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151 2. Embezzles or commits larceny; or
152 3. Converts the property of another;
153 is guilty of the crime of computer fraud.
154 If the value of the property or services obtained is $200 $500 or more, the crime of computer fraud
155 shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than
156 $200 $500, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.
157 § 18.2-162. Damage or trespass to public services or utilities.
158 Any person who shall intentionally destroy or damage any facility which is used to furnish oil,
159 telegraph, telephone, electric, gas, sewer, wastewater or water service to the public, shall be guilty of a
160 Class 4 felony, provided that in the event that the destruction or damage may be remedied or repaired
161 for $200 or less than $500 such act shall constitute a Class 3 misdemeanor. On electric generating
162 property marked with no trespassing signs, the security personnel of a utility may detain a trespasser for
163 a period not to exceed one hour pending arrival of a law-enforcement officer.
164 Notwithstanding any other provisions of this title, any person who shall intentionally destroy or
165 damage, or attempt to destroy or damage, any such facility, equipment or material connected therewith,
166 the destruction or damage of which might, in any manner, threaten the release of radioactive materials
167 or ionizing radiation beyond the areas in which they are normally used or contained, shall be guilty of a
168 Class 4 felony, provided that in the event the destruction or damage results in the death of another due
169 to exposure to radioactive materials or ionizing radiation, such person shall be guilty of a Class 2
170 felony; provided further, that in the event the destruction or damage results in injury to another, such
171 person shall be guilty of a Class 3 felony.
172 § 18.2-181. Issuing bad checks, etc., larceny.
173 Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or
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174 order for the payment of money, upon any bank, banking institution, trust company, or other depository,
175 knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not
176 sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for
177 the payment of such check, draft or order, although no express representation is made in reference
178 thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200
179 $500 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than
180 $200 $500, the person shall be guilty of a Class 1 misdemeanor.
181 The word "credit" as used herein, shall be construed to mean any arrangement or understanding with
182 the bank, trust company, or other depository for the payment of such check, draft or order.
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183 Any person making, drawing, uttering or delivering any such check, draft or order in payment as a
184 present consideration for goods or services for the purposes set out in this section shall be guilty as
185 provided herein.
186 § 18.2-181.1. Issuance of bad checks.
187 It shall be a Class 6 felony for any person, within a period of ninety 90 days, to issue two or more
188 checks, drafts or orders for the payment of money in violation of § 18.2-181, which that have an
189 aggregate represented value of $200 $500 or more and which that (i) are drawn upon the same account
190 of any bank, banking institution, trust company or other depository and (ii) are made payable to the
191 same person, firm or corporation.
192 § 18.2-182. Issuing bad checks on behalf of business firm or corporation in payment of wages;
193 penalty.
194 Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of
195 money, upon any bank, banking institution, trust company or other depository on behalf of any business
196 firm or corporation, for the purpose of paying wages to any employee of such firm or corporation, or
197 for the purpose of paying for any labor performed by any person for such firm or corporation, knowing,
198 at the time of such making, drawing, uttering or delivering, that the account upon which such check,
199 draft or order is drawn has not sufficient funds, or credit with, such bank, banking institution, trust
200 company or other depository, for the payment of such check, draft or order, although no express
201 representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor; except that if this
202 check, draft, or order has a represented value of $200 $500 or more, such person shall be guilty of a
203 Class 6 felony.
204 The word "credit," as used herein, shall be construed to mean any arrangement or understanding with
205 the bank, banking institution, trust company, or other depository for the payment of such check, draft or
206 order.
207 In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil
208 action brought upon such check, draft or order.
209 § 18.2-186. False statements to obtain property or credit.
210 A. A person shall be guilty of a Class 1 misdemeanor if he makes, causes to be made or conspires to
211 make directly, indirectly or through an agency, any materially false statement in writing, knowing it to
212 be false and intending that it be relied upon, concerning the financial condition or means or ability to
213 pay of himself, or of any other person for whom he is acting, or any firm or corporation in which he is
214 interested or for which he is acting, for the purpose of procuring, for his own benefit or for the benefit
215 of such person, firm or corporation, the delivery of personal property, the payment of cash, the making
216 of a loan or credit, the extension of a credit, the discount of an account receivable, or the making,
217 acceptance, discount, sale or endorsement of a bill of exchange or promissory note.
218 B. Any person who knows that a false statement has been made in writing concerning the financial
219 condition or ability to pay of himself or of any person for whom he is acting, or any firm or corporation
220 in which he is interested or for which he is acting and who, with intent to defraud, procures, upon the
221 faith thereof, for his own benefit, or for the benefit of the person, firm or corporation in which he is
222 interested or for which he is acting, any such delivery, payment, loan, credit, extension, discount
223 making, acceptance, sale or endorsement, shall, if the value of the thing or the amount of the loan,
224 credit or benefit obtained is $200 $500 or more, be guilty of grand larceny or, if the value is less than
225 $200 $500, be guilty of petit larceny.
226 C. Venue for the trial of any person charged with an offense under this section may be in the county
227 or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with
228 the offense resided at the time of the offense.
229 D. As used in this section, "in writing" shall include information transmitted by computer, facsimile,
230 e-mail, Internet, or any other electronic medium, and shall not include information transmitted by any
231 such medium by voice transmission.
232 § 18.2-186.3. Identity theft; penalty; restitution; victim assistance.
233 A. It shall be unlawful for any person, without the authorization or permission of the person or
234 persons who are the subjects of the identifying information, with the intent to defraud, for his own use
235 or the use of a third person, to:
236 1. Obtain, record, or access identifying information which is not available to the general public that
237 would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of
238 such other person;
239 2. Obtain money, credit, loans, goods, or services through the use of identifying information of such
240 other person;
241 3. Obtain identification documents in such other person's name; or
242 4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or
243 an official of the government of the Commonwealth.
244 B. It shall be unlawful for any person without the authorization or permission of the person who is
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245 the subject of the identifying information, with the intent to sell or distribute the information to another
246 to:
247 1. Fraudulently obtain, record, or access identifying information that is not available to the general
248 public that would assist in accessing financial resources, obtaining identification documents, or obtaining
249 benefits of such other person;
250 2. Obtain money, credit, loans, goods, or services through the use of identifying information of such
251 other person;
252 3. Obtain identification documents in such other person's name; or
253 4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or
254 an official of the Commonwealth.
255 B1. It shall be unlawful for any person to use identification documents or identifying information of
256 another person, whether that person is dead or alive, or of a false or fictitious person, to avoid
257 summons, arrest, prosecution, or to impede a criminal investigation.
258 C. As used in this section, "identifying information" shall include but not be limited to: (i) name; (ii)
259 date of birth; (iii) social security number; (iv) driver's license number; (v) bank account numbers; (vi)
260 credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification

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261 codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or
262 (xiii) any other numbers or information that can be used to access a person's financial resources, obtain
263 identification, act as identification, or obtain money, credit, loans, goods, or services.
264 D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting
265 in financial loss of greater than $200 $500 or more shall be punishable as a Class 6 felony. Any second
266 or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where
267 five or more persons' identifying information has been obtained, recorded, or accessed in the same
268 transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where
269 50 or more persons' identifying information has been obtained, recorded, or accessed in the same
270 transaction or occurrence shall be punishable as a Class 4 felony. Any violation resulting in the arrest
271 and detention of the person whose identification documents or identifying information were used to
272 avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class
273 5 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been

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274 committed in any locality where the person whose identifying information was appropriated resides, or
275 in which any part of the offense took place, regardless of whether the defendant was ever actually in
276 such locality.
277 E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall
278 be ordered by the court to make restitution as the court deems appropriate to any person whose
279 identifying information was appropriated or to the estate of such person. Such restitution may include
280 the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit
281 report or other identifying information.
282 F. Upon the request of a person whose identifying information was appropriated, the Attorney
283 General may provide assistance to the victim in obtaining information necessary to correct inaccuracies
284 or errors in his credit report or other identifying information; however, no legal representation shall be
285 afforded such person.
286 § 18.2-187.1. Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph,
287 cable television or electronic communication service without payment; penalty; civil liability.
288 A. It shall be unlawful for any person knowingly, with the intent to defraud, to obtain or attempt to
289 obtain, for himself or for another, oil, electric, gas, water, telephone, telegraph, cable television or
290 electronic communication service by the use of any false information, or in any case where such service
291 has been disconnected by the supplier and notice of disconnection has been given.
292 B. It shall be unlawful for any person to obtain or attempt to obtain oil, electric, gas, water,
293 telephone, telegraph, cable television or electronic communication service by the use of any scheme,
294 device, means or method, or by a false application for service with intent to avoid payment of lawful
295 charges therefor.
296 B1. It shall be unlawful for any person to obtain, or attempt to obtain, electronic communication
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297 service as defined in § 18.2-190.1 by the use of an unlawful electronic communication device as defined
298 in § 18.2-190.1.
299 C. The word "notice" as used in subsection A shall be notice given in writing to the person to whom
300 the service was assigned. The sending of a notice in writing by registered or certified mail in the United
301 States mail, duly stamped and addressed to such person at his last known address, requiring delivery to
302 the addressee only with return receipt requested, and the actual signing of the receipt for such mail by
303 the addressee, shall be prima facie evidence that such notice was duly received.
304 D. Any person who violates any provisions of this section, if the value of service, credit or benefit
305 procured is $200 $500 or more, shall be guilty of a Class 6 felony; or if the value is less than $200
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306 $500, shall be guilty of a Class 1 misdemeanor. In addition, the court may order restitution for the value
307 of the services unlawfully used and for all costs. Such costs shall be limited to actual expenses,
308 including the base wages of employees acting as witnesses for the Commonwealth, and suit costs.
309 However, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the
310 value of the service.
311 E. Any party providing oil, electric, gas, water, telephone, telegraph, cable television or electronic
312 communication service who is aggrieved by a violation of this section may, in a civil proceeding in any
313 court of competent jurisdiction, seek both injunctive and equitable relief, and an award of damages,
314 including attorney's attorney fees and costs. In addition to any other remedy provided by law, the party
315 aggrieved may recover an award of actual damages or $500, whichever is greater, for each action.
316 § 18.2-188. Defrauding hotels, motels, campgrounds, boardinghouses, etc.
317 It shall be unlawful for any person, without paying therefor, and with the intent to cheat or defraud
318 the owner or keeper to:
319 1. Put up at a hotel, motel, campground or boardinghouse;
320 2. Obtain food from a restaurant or other eating house;
321 3. Gain entrance to an amusement park; or
322 4. Without having an express agreement for credit, procure food, entertainment or accommodation
323 from any hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park.
324 It shall be unlawful for any person, with intent to cheat or defraud the owner or keeper out of the
325 pay therefor to obtain credit at a hotel, motel, campground, boardinghouse, restaurant or eating house for
326 food, entertainment or accommodation by means of any false show of baggage or effects brought
327 thereto.
328 It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a hotel, motel,
329 campground, boardinghouse, restaurant, eating house or amusement park for food, entertainment or
330 accommodation through any misrepresentation or false statement.
331 It shall be unlawful for any person, with intent to cheat or defraud, to remove or cause to be
332 removed any baggage or effects from a hotel, motel, campground, boardinghouse, restaurant or eating
333 house while there is a lien existing thereon for the proper charges due from him for fare and board
334 furnished.
335 Any person who violates any provision of this section shall is, if the value of service, credit or
336 benefit procured or obtained is $200 $500 or more, be guilty of a Class 5 felony; or is, if the value is
337 less than $200 $500, guilty of a Class 1 misdemeanor.
338 § 18.2-195. Credit card fraud; conspiracy; penalties.
339 (1) A person is guilty of credit card fraud when, with intent to defraud any person, he:
340 (a) Uses for the purpose of obtaining money, goods, services or anything else of value a credit card
341 or credit card number obtained or retained in violation of § 18.2-192 or a credit card or credit card
342 number which he knows is expired or revoked;
343 (b) Obtains money, goods, services or anything else of value by representing (i) without the consent
344 of the cardholder that he is the holder of a specified card or credit card number or (ii) that he is the
345 holder of a card or credit card number and such card or credit card number has not in fact been issued;
346 (c) Obtains control over a credit card or credit card number as security for debt; or
347 (d) Obtains money from an issuer by use of an unmanned device of the issuer or through a person
348 other than the issuer when he knows that such advance will exceed his available credit with the issuer
349 and any available balances held by the issuer.
350 (2) A person who is authorized by an issuer to furnish money, goods, services or anything else of
351 value upon presentation of a credit card or credit card number by the cardholder, or any agent or
352 employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the
353 cardholder, he:
354 (a) Furnishes money, goods, services or anything else of value upon presentation of a credit card or
355 credit card number obtained or retained in violation of § 18.2-192, or a credit card or credit card number
356 which he knows is expired or revoked;
357 (b) Fails to furnish money, goods, services or anything else of value which he represents or causes to
358 be represented in writing or by any other means to the issuer that he has furnished; or
359 (c) Remits to an issuer or acquirer a record of a credit card or credit card number transaction which
360 is in excess of the monetary amount authorized by the cardholder.
361 (3) Conviction of credit card fraud is punishable as a Class 1 misdemeanor if the value of all money,
362 goods, services and other things of value furnished in violation of this section, or if the difference
363 between the value of all money, goods, services and anything else of value actually furnished and the
364 value represented to the issuer to have been furnished in violation of this section, does not exceed $200
365 is less than $500 in any six-month period; conviction of credit card fraud is punishable as a Class 6
366 felony if such value exceeds $200 is $500 or more in any six-month period.
367 (4) Any person who conspires, confederates or combines with another, (i) either within or without
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368 the Commonwealth to commit credit card fraud within the Commonwealth or (ii) within the
369 Commonwealth to commit credit card fraud within or without the Commonwealth, is guilty of a Class 6
370 felony.
371 § 18.2-195.2. Fraudulent application for credit card; penalties.
372 A. A person shall be guilty of a Class 1 misdemeanor if he makes, causes to be made or conspires to
373 make, directly, indirectly or through an agency, any materially false statement in writing concerning the
374 financial condition or means or ability to pay of himself or of any other person for whom he is acting
375 or any firm or corporation in which he is interested or for which he is acting, knowing the statement to
376 be false and intending that it be relied upon for the purpose of procuring a credit card. However, if the
377 statement is made in response to an unrequested written solicitation from the issuer or an agent of the
378 issuer to apply for a credit card, he shall be guilty of a Class 4 misdemeanor.
379 B. A person who knows that a false statement has been made in writing concerning the financial
380 condition or ability to pay of himself or of any person for whom he is acting or any firm or corporation
381 in which he is interested or for which he is acting and who with intent to defraud, procures a credit
382 card, upon the faith of such false statement, for his own benefit, or for the benefit of the person, firm or
383 corporation in which he is interested or for which he is acting, and obtains by use of the credit card,

HOUSE
384 money, property, services or any thing of value, is guilty of grand larceny if the value of whatever is
385 obtained is $200 $500 or more or petit larceny if the value is less than $200 $500.
386 C. As used in this section, "in writing" shall include information transmitted by computer, facsimile,
387 e-mail, Internet, or any other electronic medium, and shall not include information transmitted by any
388 such medium by voice transmission.
389 § 18.2-197. Criminally receiving goods and services fraudulently obtained.
390 A person is guilty of criminally receiving goods and services fraudulently obtained when he receives
391 money, goods, services or anything else of value obtained in violation of subsection (1) of § 18.2-195
392 with the knowledge or belief that the same were obtained in violation of subsection (1) of § 18.2-195.
393 Conviction of criminal receipt of goods and services fraudulently obtained is punishable as a Class 1
394 misdemeanor if the value of all money, goods, services and anything else of value, obtained in violation
395 of this section, does not exceed $200 is less than $500 in any six-month period; conviction of criminal
396 receipt of goods and services fraudulently obtained is punishable as a Class 6 felony if such value

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397 exceeds $200 is $500 or more in any six-month period.
398 § 18.2-340.37. Criminal penalties.
399 A. Any person who violates the provisions of this article or who willfully and knowingly files, or
400 causes to be filed, a false application, report or other document or who willfully and knowingly makes a
401 false statement, or causes a false statement to be made, on any application, report or other document
402 required to be filed with or made to the Department shall be guilty of a Class 1 misdemeanor.
403 B. Each day in violation shall constitute a separate offense.
404 C. Any person who converts funds derived from any charitable gaming to his own or another's use,
405 when the amount of funds is less than $200 $500, shall be guilty of petit larceny and, when the amount
406 of funds is $200 $500 or more, shall be guilty of grand larceny. The provisions of this section shall not
407 preclude the applicability of any other provision of the criminal law of the Commonwealth that may
408 apply to any course of conduct that violates this section.
409 § 19.2-289. Conviction of petit larceny.
410 In a prosecution for grand larceny, if it be found that the thing stolen is of less value than $200
411 $500, the jury may find the accused guilty of petit larceny.
412 § 19.2-290. Conviction of petit larceny though thing stolen worth $500 or more.
413 In a prosecution for petit larceny, though the thing stolen be of the value of $200 $500 or more, the
414 jury may find the accused guilty; and upon a conviction under this section or § 19.2-289 the accused
415 shall be sentenced for petit larceny.
416 § 19.2-386.16. Forfeiture of motor vehicles used in commission of certain crimes.
417 A. Any vehicle knowingly used by the owner thereof or used by another with his knowledge of and
418 during the commission of, or in an attempt to commit, a second or subsequent offense of § 18.2-346,
419 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356 or 18.2-357 or of a similar ordinance of any county,
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420 city or town or knowingly used for the transportation of any stolen goods, chattels or other property,
421 when the value of such stolen goods, chattels or other property is $200 $500 or more, or any stolen
422 property obtained as a result of a robbery, without regard to the value of the property, shall be forfeited
423 to the Commonwealth. The vehicle shall be seized by any law-enforcement officer arresting the operator
424 of such vehicle for the criminal offense, and delivered to the sheriff of the county or city in which the
425 offense occurred. The officer shall take a receipt therefor.
426 B. Any vehicle knowingly used by the owner thereof or used by another with his knowledge of and
427 during the commission of, or in an attempt to commit, a misdemeanor violation of subsection D of
428 § 18.2-47 or a felony violation of (i) Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2 or (ii)
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429 § 18.2-357 where the prostitute is a minor, shall be forfeited to the Commonwealth. The vehicle shall be
430 seized by any law-enforcement officer arresting the operator of such vehicle for the criminal offense,
431 and delivered to the sheriff of the county or city in which the offense occurred. The officer shall take a
432 receipt therefor.
433 C. Forfeiture of such vehicle shall be enforced as is provided in Chapter 22.1 (§ 19.2-386.1 et seq.).
434 § 29.1-553. Selling or offering for sale; penalty.
435 A. Any person who offers for sale, sells, offers to purchase, or purchases any wild bird or wild
436 animal, or any part thereof, or any freshwater fish, except as provided by law, shall be guilty of a Class
437 1 misdemeanor. However, when the aggregate of such sales or purchases or any combination thereof, by
438 any person totals $200 $500 or more during any 90-day period, that person shall be guilty of a Class 6
439 felony.
440 B. Whether or not criminal charges have been placed, when any property is taken possession of by a
441 conservation police officer for the purpose of being used as evidence of a violation of this section or for
442 confiscation, the conservation police officer making such seizure shall immediately report the seizure to
443 the Attorney for the Commonwealth.
444 C. In any prosecution for a violation of this section, photographs of the wild bird, wild animal, or
445 any freshwater fish, or any part thereof shall be deemed competent evidence of such wild bird, wild
446 animal, or freshwater fish, or part thereof and shall be admissible in any proceeding, hearing, or trial of
447 the case to the same extent as if such wild bird, wild animal, or any freshwater fish, or part thereof had
448 been introduced as evidence. Such photographs shall bear a written description of the wild bird, wild
449 animal, or freshwater fish, or parts thereof, the name of the place where the alleged offense occurred,
450 the date on which the alleged offense occurred, the name of the accused, the name of the arresting
451 officer or investigating officer, the date of the photograph, and the name of the photographer. The
452 photographs shall be identified by the signature of the photographer.
453 D. Any licensed Virginia auctioneer or licensed auction firm that sells, as a legitimate item of an
454 auction sale, wildlife mounts that have undergone the taxidermy process, shall be exempt from the
455 provisions of this section and subdivision A 11 of § 29.1-521.